No Doubt Sues Over “Band Hero” Avatars

No Doubt filed a lawsuit against Activison Publishing, makers of the “Guitar Hero” series, yesterday, the day after “Band Hero” was released in North America.

“Band Hero” is an expansion game to the “Guitar Hero” series and is set up similarly where players press plastic buttons on a guitar, bass or drums that correspond to notes of popular songs scrolling down the TV screen. Players can also grab a microphone and try to get the pitch and pacing of the lyrics just right. “Band Hero,” which is available on Xbox 360, PlayStation 2, PlayStation 3, Wii and Nintendo DS, also features Taylor Swift and Maroon 5‘s Adam Levine as playable avatars.

Just as Love was upset about her late husband playing another band’s songs such as Bon Jovi’s “You Give Love a Bad Name,” No Doubt isn’t amused at the fact the game’s “Character Manipulation Feature” gives the ska punk band’s avatars the capacity to virtually perform every song included in “Band Hero.”

No Doubt feels they’ve been turned into a joke, “a virtual karaoke circus act.” The suit claims the band only agreed to look-a like band member avatars performing the No Doubt tunes “Don’t Speak,” “Just a Girl” and “Excuse Me Mr.” 

The band is also not pleased the video game allows users to break up the band so to speak by playing as Gwen Stefani, Tony Kanal, Tom Dumont or Adrian Young individually from the rest of No Doubt.

No Doubt has a major problem with Stefani’s avatar singing The Rolling Stones’ “Honky Tonk Woman.”

“While No Doubt are avid fans of the Rolling Stones and even have performed in concerts with the Rolling Stones, the Character Manipulation Feature results in an unauthorized performance by the Gwen Stefani avatar in a male voice boasting about having sex with prostitutes,” the complaint states.

Another big offender is bassist Kanal’s avatar singing, in a female voice, No Doubt’s 1995 hit “Just a Girl.”

According to the suit, No Doubt asked Activision to fix the avatar issue but the company refused “claiming the necessary fix would be too expensive.”

Activision has responded to the lawsuit with the following statement: “Activision has a written agreement to use No Doubt in Band Hero — an agreement signed by No Doubt after extensive negotiations with its representatives, who collectively have decades of experience in the entertainment industry. … As a result, Activision believes it is within its legal rights with respect to the use and portrayal of the band members in the game and that this lawsuit is without merit. Activision is exploring its own legal options with respect to No Doubt’s obligations under the agreement.”

No Doubt’s suit is seeking “unspecified actual and punitive damages, a temporary restraining order, a preliminary injunction and a permanent injunction against distribution of the game and for Activision to recall existing copies,” according to the Los Angeles Times.

Click here for the AP story.

Click here for the Los Angeles Times story.